Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

By purchasing from the totalhomesupply.com, you agree to all the terms of use described, including the Return Policy.

Shipping and Receiving:

All shipments are FOB Origin, Freight Prepaid.

If the item is to be shipped to an address other than your billing address, we may require that address be listed with your credit card company. Most credit card companies accept this as a normal practice, and it protects you, the purchaser and us from credit card fraud. Total Home Supply reserves the right to refuse shipment to any address other than the billing address, unless the alternate shipping address is also listed with your credit card company.

Once an order is shipped, it cannot be cancelled. If the shipment is refused, the buyer is responsible for all freight charges, which includes the original delivery and the return of the item to Total Home Supply.

Freight Shipments:

All freight shipments require a signature at the time of delivery. When your shipment arrives you are required to visually inspect the package. Please look for any creases, rips, tears, or holes in the package and inspect further if found. Be sure to look at all sides of the package. If any damage is found please refuse delivery of the item and write the issues on the bill of lading. Please contact us immediately to resolve the problem. For bent fins on an air conditioner or small dents in non visible areas please note on the bill of lading and contact us right away, preferably while the driver is still there.

Neither Total Home Supply nor the trucking company will be responsible for any damage that has not been marked on the bill of lading at the time of delivery.

FedEx, UPS, Etc.,

We understand that sometimes a package will be left without a signature. If this happens, you have 2 business days to notify us of any damage to the package. Total Home Supply will not be responsible for any damage which has not been reported within 2 business days. Any package sent with a value of $500 or greater will require a signature at the time of delivery and should be inspected then.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Total Home Supply. The collective work includes works that are licensed to Total Home Supply. Copyright 2003, Total Home Supply ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Total Home Supply or purchasing Total Home Supply products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Total Home Supply or to purchase Total Home Supply products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Total Home Supply. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Total Home Supply used in the site are trademarks or registered trademarks of Total Home Supply

Warranty Disclaimer

Merchandise Warranty: Unless otherwise noted, all products that appear on this site are new and carry the full manufacturer's warranty. Please refer to product information page or product user manual for full warranty information.

Website Warranty: This site and the materials used on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Total Home Supply disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Total Home Supply does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Total Home Supply does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Total Home Supply shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Total Home Supply has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors: In the event that a Total Home Supply product is mistakenly listed at an incorrect price, Total Home Supply reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Total Home Supply reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Total Home Supply shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Total Home Supply without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice: Total Home Supply may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Total Home Supply.

Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Total Home Supply products) shall be in the state or federal courts located in Essex County, New Jersey. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Total Home Supply products) must be commenced within one (1) year after the claim or cause of action arises. Total Home Supply's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Total Home Supply may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Total Home Supply or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer: Total Home Supply does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Total Home Supply is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Total Home Supply reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Total Home Supply in its sole discretion.

Indemnification: You agree to indemnify, defend, and hold harmless Total Home Supply, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links: In an attempt to provide increased value to our visitors, Total Home Supply may link to sites operated by third parties. However, even if the third party is affiliated with Total Home Supply, Total Home Supply has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Total Home Supply. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Total Home Supply seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Total Home Supply appreciates your patronage and we will try our best for you to have a good experience in shopping with us. If you have a problem with any part of our service, please call our customer service department at 877-847-0050, before you dispute a charge. Our desire is to promote customer satisfaction, so we will try to work out an agreement satisfactory to both of us.